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What are the defenses that I need to know for corporal injury on a spouse in San Bernardino? California Penal Code 273.5

San Bernardino Corporal Injury on Spouse Defense Attorneys

The San Bernardino corporal injury on spouse attorneys at Wallin & Klarich are ready to defend you against a charge of injury to a spouse, cohabitant or co-parent, otherwise known as “domestic violence”.

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To secure a corporal injury on spouse conviction against you, the prosecutor must prove that you willfully inflicted an injury on the alleged victim, and that you caused a traumatic condition as a result. A conviction could have very serious long-lasting consequences. Fortunately, a variety of defenses can be used against a corporal injury on spouse charge. The strongest defenses to corporal injury to a spouse or cohabitant in California include the following:

Acting in Self-Defense, or in the Defense of Others

Two defenses that your lawyer may be able to raise in response to corporal injury on a spouse charge are that you were acting to defend another, or you acted in self-defense. To make use of these defenses, you must establish the following:

1. You reasonably believed that you or another person was either in imminent danger of being unlawfully touched, or in imminent danger of suffering bodily injury.
2. You reasonably believed that in order to defend against that danger, you had to use force immediately.
3. In order to defend against that danger, you used no more force than was reasonably necessary.

Consent

If the alleged victim gave you permission to strike him/her, then this “consent” could function as a defense. For example, if the injury occurred from consensual touching-perhaps during a sporting activity or “sexual play”-the alleged victim’s “consent” could be a viable defense.

Our San Bernardino Attorneys Can Help

If you have been charged with an offense under California Penal Code 273.5, our San Bernardino attorneys will work tirelessly to reduce your charge to a lesser offense, such as simple assault, attempted infliction of corporal punishment, or misdemeanor battery.

We often find that the infliction of the injury was unintentional or occurred when both parties were fighting with one another. Thus, depending on the specific circumstances of your case, there is also the possibility that one of our experienced San Bernardino spousal corporal injury defense lawyers will be able to resolve your case by having the charges dismissed. This, however, could hinge on whether or not you have been previously charged with a crime such as corporal spousal abuse.

Call Our San Bernardino Office Today

We have an office located in San Bernardino and our legal team has over 30 years of experience in handling spousal corporal injury cases. To build the strongest defense and secure the most favorable possible outcome, it is important that you call a San Bernardino corporal injury defense attorney from Wallin & Klarich as soon as possible at 888-280-6839. We realize this is a difficult time in your life, but you need not go through it alone. Call us today, we will get through this together.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.